ATF Transparency Act
Sponsored By: Senator Risch, James E. [R-ID]
Introduced
Summary
Three-business-day deemed approvals for National Firearms Act transfers. This bill would speed transfers and the making of regulated firearms by deeming applications approved if the Bureau of Alcohol, Tobacco, Firearms, and Explosives does not decide within three business days and by creating an administrative appeal system for denied applications.
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- Applicants who receive a denial would gain a formal appeal to the Treasury Secretary, access to a Voluntary Appeal File style process to submit correcting information, and reimbursement of reasonable attorney fees if their appeal succeeds.
- Sellers and makers get a safe harbor if a transfer was deemed approved and later found improper, provided the transferee returns the firearm within 14 days of notice. The bill applies the same three-business-day deemed-approval rule to making and registering firearms.
- New oversight and coordination are required. Within 180 days the Government Accountability Office working with the DOJ Inspector General must report on NICS queries left unresolved after 90 days and recommend administrative fixes, the DOJ Inspector General must report on how often the FBI ran NICS checks for ATF, and ATF and the FBI must sign a memorandum of understanding on NICS processing.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Faster gun transfers after 3 days
If enacted, applications to make or transfer a firearm would be treated as approved if ATF does not decide within 3 business days. The agency could still deny an application, but only for substantive legal reasons. If the agency later decides the transfer should have been denied, it must notify the seller and buyer. The buyer could avoid criminal liability if they return the firearm to the agency within 14 days of that notice.
More appeals and transparency for background checks
If enacted, ATF would have to give transferees the NICS transaction number when a transfer is denied. Transferees could appeal denials to the Secretary under a process like current FBI appeal rules. Applicants could submit information through a Voluntary-Appeal-like program. The Secretary would pay reasonable and necessary lawyer fees if the appeal succeeds. These rules would apply to applications filed or pending on or after enactment.
Sponsors & CoSponsors
Sponsor
Risch, James E. [R-ID]
ID • R
Cosponsors
Sen. Daines, Steve [R-MT]
MT • R
Sponsored 3/6/2025
Sen. Lankford, James [R-OK]
OK • R
Sponsored 3/6/2025
Sen. Crapo, Mike [R-ID]
ID • R
Sponsored 3/6/2025
Cindy Hyde-Smith
MS • R
Sponsored 3/6/2025
Sen. Lummis, Cynthia M. [R-WY]
WY • R
Sponsored 3/6/2025
Sen. Sheehy, Tim [R-MT]
MT • R
Sponsored 3/6/2025
Sen. Marshall, Roger [R-KS]
KS • R
Sponsored 3/6/2025
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 3/10/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov